Tampa has Busch Gardens, Sea World and Adventure Island, and only a 90 minutes ride away are Walt Disney World and Universal Studios in Orlando. Every year, millions of people from all over the world entrust their own personal safety and the safety of their family members to the personnel who work at these amusement parks. That imposes tremendous obligations on the owners of those parks. In order to ensure the safety of their guests, thorough safety plans and procedures in connection with the park’s grounds, exhibits and rides must be put in place, periodically reviewed and updated.
The Duty of Care:
Most personal injury claims and lawsuits in Florida against amusement parks are based on the law of premises liability. Under that legal theory, the owner or operator of an amusement park owes guests a duty to warn them of any dangerous conditions on the property so that guests don’t get injured by those conditions. It also owes guests a duty to maintain its property in a reasonably safe condition so as not to cause injuries to them.
Along with its duty to be free from negligence, the owner or operator of an amusement park must also ensure that the rides guests use for amusement and “scares” are free from design, manufacturing or marketing defects. If such a defect exists, and a guest is injured or killed from it, liability could attach pursuant to the law of product liability.
Common Injuries at Tampa Amusement Parks:
Surprisingly, slip-and-falls and trip-and-falls are the most common types of accidents suffered at Florida amusement parks. Here are some of the common injuries that are suffered in those accidents:
- Traumatic brain and spinal cord injuries.
- Hip or pelvis fractures.
- Shoulder, arm and hand injuries.
- Torn cartilage.
Traumatic brain injuries are also caused by rides. Those are more likely to be closed head injuries rather than open. Like in auto accidents, a victim’s brain can slam back and forth or from side to side within the skull on a ride. It can also twist and tear and the victim can suffer severe and permanent injuries.
Amusement Park Fatalities:
If the carelessness and negligence of a Florida amusement park operator or its employee caused the death of a family member, that individual’s estate can bring a wrongful death lawsuit pursuant to Florida Statutes sections 768.16 to 768.26. Only the personal representative of the decedent’s estate is allowed to bring a wrongful death case in Florida. Although Florida has a four year deadline for filing a personal injury lawsuit, it only has a two year deadline for wrongful death cases. Failure to file a timely personal injury or wrongful death lawsuit on a timely basis can result in the permanent dismissal off a lawsuit and no compensation whatsoever.
Contact a Tampa Personal Injury Lawyer.
A serious accident can derail your plans and a family member’s future. If you or a family member was injured at a Tampa amusement park, or if you lost a family member from an accident at one, contact our offices to arrange for a free consultation and case evaluation. Our objective is to obtain the maximum compensation that you deserve. You’re under no obligation to retain us to represent you. If we are retained, no legal fees at all are due unless we obtain a settlement or award for you.